Carolan v Haghparast [2023] NSWCATAP 121

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Carolan v Haghparast [2023] NSWCATAP 121 Hearing dates: 17 April 2023 Date of orders: 04 May 2023 Decision date: 04 May 2023 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member R C Titterton OAM, Senior Member Decision: (1) In so far as the appeal raises a question of law, the appeal is dismissed. (2) In so far as the appeal raises some other error, leave to appeal is refused and the appeal otherwise dismissed. (3) The appellants are to pay the respondent's costs of the appeal as agreed or assessed under the applicable costs legislation. Catchwords: BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – questions of law – other errors – construction of contractual terms Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80; cl 12 of Sch 4 Home Building Act 1989 (NSW), s 18B Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Chapman v McLaughin [2016] NSWCATAP 212 Collector of Customs v Pozzolanic (1993) 43 FCR 280; [1993] FCA 456 Collins v Urban [2014] NSWCATAP 17 Coulton v Holcombe (1986) 162 CLR 1; [1986] HCA 33 Kora v Ian's Roofing Pty Ltd [2023] NSWCATAP 42 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390; [2010] HCA 32 Life Insurance Co. of Australia Ltd v Phillips (1925) 36 CLR 60; [1925] HCA 18 Naish aka Khosroabadi v NSW Land and Housing Corporation [2023] NSWCATAP 99 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: J Edelman, The Interpretation of Written Contracts NCAT Procedural Direction 3, Expert Evidence Category: Principal judgment Parties: Dominic Carolan (First Appellant) Sujata Carolan (Second Appellant) Ferydon Haghparast (Respondent) Representation: Counsel: E Yin (Respondent)